Virginia: Brain Injury – a Lawyer’s Waiver

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In Johnson v. Hart, 279 Va. 617, 624 (2010), the Virginia Supreme Court held that counsel did not waive objection to the adverse portion of the judge’s letter opinion by endorsing the Court’s Order “seen and consented to”. Lionizing Va. Code Ann. §8.01-384, the Court explained that there was no “express waiver” as required thereunder, as counsel “clearly stated his opposition to [the adverse] ruling in memoranda” before the Order was entered. Id.

Waiver is claimed by the defense in the brain injury appeal of Mr. Waterman’s $6,100,000.00 Gloucester jury verdict, Burns v. Gagnon, No. 110754 in the Virginia Supreme Court. Oral Argument on the merits of that crime victim case is Wednesday, February 29, 2012.